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Title: Austin cop calls into RuleofLawRadio (audio)--Very interesting
Source: [None]
URL Source: [None]
Published: May 24, 2009
Author: Randy Kelton & Deborah Stevens
Post Date: 2009-05-24 12:46:21 by christine
Keywords: None
Views: 3663
Comments: 32

http://mp3.ruleoflawradio.com/ROL/64k/ROL_2009-05-22_64k_Hr3&4.mp3---the call begins at 1 hr 40 mins

http://mp3.ruleoflawradio.com/ROL/64k/ROL_2009-05-23_64k_After_Midnight.mp3---continuation

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Begin Trace Mode for Comment # 15.

#1. To: PSUSA, Artisan, Jethro Tull, IndieTx, Critter, HOUNDDAWG (#0)

ping

christine  posted on  2009-05-24   12:47:55 ET  Reply   Untrace   Trace   Private Reply  

The system is rigged. TEXAS LAW IS WHAT THE POWER SAYS IT IS. THE SYSTEM WANTS YOUR FREAKING MONEY AND PROPERTY. Going directly to a magistrate isn’t going to fix this TAX GRAB because the FREAKING MAGISTRATE IS PART OF THE SYSTEM that wants your money and property. Comprendo folks? Want to fix the system? Guns will fix the system. Over and out.

Jethro Tull  posted on  2009-05-24   13:04:48 ET  Reply   Untrace   Trace   Private Reply  

1:55 into the first segment: call in officer says that we're free because we can sit at home and watch any TV we want, or buy any kind of food we wish late at night? But we can't use lawful procedures to make civic points. Are we free or not? The law sets us free, because it assures us protection of our lives and property, and our other rights. Without the law, we would have anarchy. Choices of entertainment and food do not make us free.

Deasy  posted on  2009-05-24   14:45:51 ET  Reply   Untrace   Trace   Private Reply  

magistrate

Can someone please show me the law cited by Randy that states all arrested persons must be brought before a magistrate immediately upon arrest? He might be right, but there is no time in American law enforcement history, to my knowledge, that this was ever the practice. In NYC I'd guess there are many thousands of arrests during a typical weekend. I can only imagine the number of magistrates that would have to be made available 24x7x367 to satisfy this law, which again, I've never heard of. Perhaps it's a TX thing?

Jethro Tull  posted on  2009-05-24   14:52:32 ET  Reply   Untrace   Trace   Private Reply  

Art. 14.06. [217] [264] [252] MUST TAKE OFFENDER BEFORE MAGISTRATE. (a) Except as provided by Subsection (b), in each case enumerated in this Code, the person making the arrest or the person having custody of the person arrested shall take the person arrested or have him taken without unnecessary delay, but not later than 48 hours after the person is arrested, before the magistrate who may have ordered the arrest, before some magistrate of the county where the arrest was made without an order, or, to provide more expeditiously to the person arrested the warnings described by Article 15.17 of this Code, before a magistrate in any other county of this state. The magistrate shall immediately perform the duties described in Article 15.17 of this Code.

law.onecle.com/texas/criminal-procedure/14.06.00.html

Art. 15.17. DUTIES OF ARRESTING OFFICER AND MAGISTRATE. (a) In each case enumerated in this Code, the person making the arrest or the person having custody of the person arrested shall without unnecessary delay, but not later than 48 hours after the person is arrested, take the person arrested or have him taken before some magistrate of the county where the accused was arrested or, to provide more expeditiously to the person arrested the warnings described by this article, before a magistrate in any other county of this state.

law.onecle.com/texas/criminal-procedure/15.17.00.html

I would suggest that a Magistrate would have been involved even in New York City. At some point or another, very soon after the arrest, a magistrate will have reviewed the case. This is in the Magna Carta, as the hostess Deborah Stevens suggests. See 17 to 22.

XXIX. Imprisonment, &c. contrary to Law. Administration of Justice. NO Freeman shall be taken or imprisoned, or be disseised of his Freehold, or Liberties, or free Customs, or be outlawed, or exiled, or any other wise destroyed; nor will We not pass upon him, nor condemn him, but by lawful judgment of his Peers, or by the Law of the Land. We will sell to no man, we will not deny or defer to any man either Justice or Right.

By the way, that's a very interesting Magna Carta online site, and well worth exploring.

Deasy  posted on  2009-05-24   15:21:59 ET  Reply   Untrace   Trace   Private Reply  

Weekends and nights are considered reasonable exceptions in the Texas law, as they should be. Keeping the peace should not be restrained by the lack of access to a magistrate.

JUST WHY MAY I ASK? Should RIGHTS be put on hold because a robed TYRANT is too good to work on weekends, holidays and nights???????

Millions of the rest of us must work 24 hour shifts that change. But then, lawyers aren't peasants are they????????????????????

IndieTX  posted on  2009-05-24   16:30:24 ET  Reply   Untrace   Trace   Private Reply  

#16. To: IndieTX, *Obama Reality Check* (#15)

Good question. Having a magistrate review the case within 48 hours is better than nothing. With the new military commissions acts, still in effect under Obama, technically no one has any assurance of access to independent judicial review of arrest. All the authorities have to do is accuse a citizen of being a terrorist, and the military has total jurisdiction. Obama is talking about restoring independent reviews of these arrests, but how far beyond the executive branch they fall, we have yet to know.

Deasy  posted on  2009-05-24 16:35:35 ET  Reply   Untrace   Trace   Private Reply  

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